Oakley v. Trustees of Williamsburgh
New York Court of Chancery
This was an appeal from the vice chancellor of the first circuit, refusing to grant an injunction. The bill of complaint in this case, which was filed by the complainants in behalf of themselves and all others having a common interest with them, after setting out that part of the act of incorporation of the village of Williamsburgh which made it the duty of the trustees to cause a survey and map of the village to be made, exhibiting the streets, roads and alleys to be…
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This was an appeal from the vice chancellor of the first circuit, refusing to grant an injunction. The bill of complaint in this case, which was filed by the complainants in behalf of themselves and all others having a common interest with them, after setting out that part of the act of incorporation of the village of Williamsburgh which made it the duty of the trustees to cause a survey and map of the village to be made, exhibiting the streets, roads and alleys to be permanently laid out, and also exhibiting on such map all the gradations and regulations which might or should be required in…
1Opinion of the Court
The Chancellor.
If the trustees of the village of Williamsburgh have the power, under their act of incorporation, to alter the grade of the streets of the village after it-has been once regulated and established by them as required by the 19th section of that act, the case before me is not one in which it would be proper for this court to interfere as there is no pretence that the trustees are acting in bad faith, and without reference to what they honestly believe-to be for the interest of the inhabitants of the village. . On the other hand, however, if they have no such power as- . they have…
2Cited by19 opinions
- McElroy v. Kansas CityU.S. Circuit Court for the District of Western Missouri · 1884
- Sanders v. . Village of YonkersNew York Court of Appeals · 1875
- Bouton v. City of BrooklynNew York Supreme Court · 1853
- City Council of Montgomery v. TownsendSupreme Court of Alabama · 1887
- Byerly v. . HumphreySupreme Court of North Carolina · 1886
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